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McCARTHY v. DOE

No. 96-2767.

146 F.3d 118 (1998)

John J. McCARTHY, Petitioner-Appellant, v. John DOE, Director of the Federal Bureau of Prisons; Kathleen M. Hawk, Director; Joe Aguirre, Chief; T.Y. Butt, Administrator, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1998.

Attorney(s) appearing for the Case

John J. McCarthy, Petitioner-Appellant pro se, Somers, CT.

Christopher F. Droney, U.S. Atty., New Haven, CT (David J. Sheldon, Asst. U.S. Atty., New Haven, CT, on brief), for Respondents-Appellees.

Before: LEVAL and CABRANES, Circuit Judges, and MURTHA, Chief District Judge

MURTHA, Chief District Judge:

This appeal raises a narrow but important sentencing question: Where a sentencing court does not indicate whether a federal sentence should be served consecutively to or concurrently with a not-yet-imposed state sentence, does the Bureau of Prisons have discretion to designate the state correctional facility as the place of confinement for the federal sentence, thus allowing the federal and state sentences to run concurrently? We hold...

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